Can a Louisiana Bank Release a Deceased Person’s Account Without a Succession?

One of the most common phone calls we get goes like this: “My mother died three weeks ago, the funeral bill is $12,000, and the bank won’t let me touch her checking account. Do I really have to open a full succession just to pay this?” The honest answer is that it depends on five things. The first is where the decedent made their permanent legal home. The second is how the account is titled. The third is the gross value of the estate at the date of death. The fourth is whether the decedent left a will. The fifth is whether the decedent owned immovable property in Louisiana, which means real estate such as a house, land or a camp.

The Three Ways Money Can Move Without a Full Succession

Route 1: Joint Account or Pay-on-Death Designation

If the deceased’s account was titled “John Smith OR Mary Smith,” Mary owns it outright now. The bank releases funds to her on presentation of a death certificate. Same with a payable-on-death (POD) or transfer-on-death (TOD) account. The named beneficiary gets it by contract. Neither type of asset is part of the succession in the first place.

Caution: “AND” accounts (John Smith AND Mary Smith) are different. Many banks treat them as requiring both signatures, which means a death certificate alone may not unlock them. Read the signature card.

Route 2: La. R.S. 6:315.1 Affidavit for Small Bank Balances

Louisiana Revised Statute 6:315.1 lets a bank release up to $20,000 of a deceased customer’s deposits on a sworn affidavit. The $20,000 ceiling covers the total withdrawn from all banks combined. It is available only where the deceased died without a will. The bank may pay, but it is not required to. Most banks will if the affidavit and supporting documents are in order. Credit unions have their own provision. Under La. R.S. 9:1514 a credit union may pay up to $10,000.

What the affidavit must show:

• The deceased’s name, date of death, and parish of domicile
• That the total withdrawn from all banks combined does not exceed $20,000
• The affiant’s identity and relationship to the deceased
• That the deceased died without a will

Route 3: Small Succession Affidavit (La. C.C.P. arts. 3421 to 3434)

This is the workhorse, and it turns on two separate tests. The first test is value, and it is set by La. C.C.P. art. 3421. For a person who died domiciled in Louisiana, the Louisiana property must have a gross value of $200,000 or less. For a person who died domiciled outside Louisiana, the Louisiana property must have a gross value of $125,000 or less. Where the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana, there is no dollar limit at all. Gross value means the value before debts are subtracted. Value is measured as of the date of death, not at today’s prices. The second test is who the person was and what they owned, and it is set by La. C.C.P. art. 3431. It is much narrower than the value test. A person who died domiciled in Louisiana without a will can use a small succession affidavit. It can transfer bank accounts, vehicles and Louisiana real estate. A person who died domiciled in Louisiana with a will can use it only if they left no Louisiana immovable property. Immovable property means real estate such as a house, land or a camp. That route also requires the surviving spouse, everyone who would inherit under the will, and everyone who would inherit without a will, all to agree to waive probate. A person who died domiciled outside Louisiana can use the affidavit if they left no will, or if a court in another state has already probated the will. Where the person died domiciled outside Louisiana and the affidavit is available, it can also transfer Louisiana real estate. Anyone outside those three descriptions has to have the succession opened in court, however small the estate. Clearing the value limit does not by itself keep a succession out of court. The procedure is detailed in our standalone guide on Louisiana small succession affidavits.

Most banks accept these affidavits once they are properly drafted, notarized, and supported by a certified death certificate and the family-relationship documents. A bank is entitled to refuse.

Where the person died without a will, an heir who will not sign does not automatically stop the affidavit. The affidavit has to say one of two things about that heir. Either the heir cannot be located after a reasonable search. Or the heir was given thirty days’ notice by United States mail of the intent to sign the affidavit, and did not object. An heir who objects does stop the affidavit. That is La. C.C.P. art. 3432(A)(4). On the route for a person who died domiciled in Louisiana with a will, the surviving spouse and every heir have to agree to waive probate, so an heir who does not sign does stop the affidavit.

What Counts Toward the Value Limit

The small succession statute uses the gross value of the entire estate, not just bank accounts. Gross means before debts. Value is measured as of the date of death, not today. Where the person died domiciled outside Louisiana, count only the property located in Louisiana. For a person who died domiciled in Louisiana, the statute does not say whether property in another state counts toward the limit. If there are assets outside Louisiana, ask us before you rely on the total. Include:

• Bank and credit-union accounts in the deceased’s name
• Brokerage accounts
• Vehicles registered to the decedent
• Real estate in the decedent’s name (fair market value as of the date of death)
• Mineral interests
• Personal property of meaningful value

Exclude life insurance with a named beneficiary, retirement accounts with a named beneficiary, and POD/TOD accounts. Those pass outside succession. Community property is a separate question. How much of a community asset counts toward the limit depends on the facts. Ask us to run the total before you rely on it.

The $200,000 figure applies to a person who died domiciled in Louisiana. Where the person died domiciled outside Louisiana and left property here, the Louisiana limit is $125,000. Where the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana, there is no dollar limit at all. Clearing the value limit does not by itself keep a succession out of court.

When the Bank Will Not Release Without a Judgment

A judgment of possession is needed in several situations. One is where the person died domiciled in Louisiana and left Louisiana property worth more than $200,000 at the date of death. Another is where the person died domiciled in Louisiana, left a will, and owned any Louisiana immovable property. That one needs court whatever the estate is worth. Immovable property means real estate such as a house, land or a camp. A third is where the person died domiciled outside Louisiana and left Louisiana property worth more than $125,000 at the date of death. A fourth is where the bank simply refuses to honor an affidavit, which it is entitled to do. A fifth is where the person died domiciled in Louisiana and left a will but no Louisiana immovable property. That route needs the surviving spouse, everyone who would inherit under the will, and everyone who would inherit without a will, all to agree to waive probate. Where they do not all agree, it takes a judgment of possession. A sixth is where the person died domiciled outside Louisiana, left a will, and no court in another state has probated it. The dollar limits do not apply where the death occurred at least twenty years before the affidavit is signed, and the person left property in Louisiana. The petition for possession is filed in the parish where the deceased was domiciled. The court signs the judgment naming each heir’s specific share, and the bank releases the funds against that judgment.

Some of these estates still qualify as a small succession on value and fail only the second test. Where the estate is inside the value limit but the affidavit route is not open, the succession still has to be opened in court. Qualifying as a small succession still saves money. Court costs are half the rate charged in a succession that is not a small succession, under La. C.C.P. art. 3422(1). Attorney fees are separate and are not affected.

For an uncontested family, a judgment of possession usually takes 4-8 weeks. For procedure, see how to open a Louisiana succession.

Results May Vary.

Decision Flowchart

Situation	What unlocks the account
Joint account or POD	Death certificate + signature card; no court action
No will, and $20,000 or less withdrawn from all banks combined (credit unions differ)	La. R.S. 6:315.1 affidavit, if the bank agrees to accept it
Died domiciled in Louisiana with no will. Gross value of Louisiana property $200,000 or less at the date of death.	Small succession affidavit (La. C.C.P. art. 3432)
Died domiciled in Louisiana with a will. No Louisiana immovable property. Gross value of Louisiana property $200,000 or less at the date of death.	Small succession affidavit, if everyone agrees to waive probate. That means the surviving spouse, every heir under the will, and every heir without one.
Died domiciled in Louisiana with a will. No Louisiana immovable property. Death less than twenty years ago. Gross value of Louisiana property over $200,000 at the date of death.	Probate of will plus judgment of possession
Died domiciled in Louisiana with a will. Owned Louisiana immovable property.	Probate of will plus judgment of possession, at any estate value
Died domiciled in Louisiana with no will. Death less than twenty years ago. Gross value of Louisiana property over $200,000 at the date of death.	Judgment of possession (uncontested petition)
Died domiciled outside Louisiana. Louisiana property $125,000 or less.	Small succession affidavit, if there was no will or a court in another state has already probated the will (La. C.C.P. arts. 3421 to 3434)
Died domiciled outside Louisiana. Death less than twenty years ago. Louisiana property worth more than $125,000.	Judgment of possession
Death at least twenty years ago, and the person left property in Louisiana	No dollar limit on value. The affidavit is still only available where the person left no will, where the person died domiciled in Louisiana with a will, owned no Louisiana immovable property and everyone agrees to waive probate, or where the person died domiciled outside Louisiana and a court in another state has already probated the will. (La. C.C.P. arts. 3421(3) and 3431)
Died domiciled in Louisiana with no will. Gross value of Louisiana property $200,000 or less at the date of death. An heir will not sign, or cannot be found.	Small succession affidavit may still be available. See the notice rule in Route 3 above. (La. C.C.P. art. 3432(A)(4))
An heir objects	Court proceeding. An administered succession may be needed.

Practical Tips When You’re Mid-Process

Don’t Use the Account in the Meantime

If you have a debit card or online banking access to the deceased’s account, do not use it after the date of death. Continuing to draw from a deceased person’s account is, technically, a misappropriation. We have seen families turn small disputes into ugly ones because one sibling used the late mother’s debit card to pay grocery bills “for the family.” Pay funeral expenses from your own funds and reimburse yourself out of the succession.

Don’t Forget the Automatic Withdrawals

Cable, streaming services, gym memberships, charitable pledges, insurance premiums: the deceased may have set up automatic withdrawals. Banks don’t automatically stop them when a customer dies. Call each vendor and cancel.

Get Multiple Copies of the Death Certificate

Order at least 6-8 certified copies of the death certificate from the Louisiana Vital Records office. Banks, brokerages, insurers, mineral lessees, the Social Security Administration, the IRS, and possibly Veterans Affairs each want their own original. They cost about $9 each in Louisiana; ordering a stack at once is much cheaper than re-ordering one at a time.

Get a Tax ID for the Estate

If you’ll be opening a succession, the estate needs its own federal tax ID number (EIN). The IRS issues these online in about 10 minutes. The estate uses the EIN for any taxable income earned after death (interest, dividends, rent) and to file Form 1041.

What About Safe Deposit Boxes?

Access to a deceased customer’s safe deposit box is handled differently from bank to bank. Some banks will accept the small succession affidavit to open the box. Others require a court order. Call the bank before you go, and ask what it needs to see.

Common Bank-Side Mistakes

• Front-line teller can’t help. Most banks route deceased-account inquiries to a back-office team. Ask for the “estate services” or “succession” department directly.
• Each bank’s affidavit form is different. Some banks use their own internal forms in addition to the statutory affidavit. Ask first; draft second.
• Out-of-state banks are harder. National banks may not recognize Louisiana’s small succession procedure and may insist on a judgment of possession. Plan accordingly.

Related Reading

• The Louisiana Small Succession Affidavit
• How to Open a Louisiana Succession
• The Louisiana Succession Documents Checklist
• Uncontested Louisiana Succession Service

Disclaimer. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. Past results do not guarantee future outcomes. For advice on your specific situation, consult a Louisiana attorney. Pelican Succession Law’s attorneys are licensed only in Louisiana. Attorney Advertising. Pelican Succession Law, 3001 17th Street, Suite 102, Metairie, LA 70002.